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HomeMy WebLinkAboutRES NO 117-19RESOLUTION NO. 1 17- 19 A RESOLUTION ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 05.1 PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. WHEREAS, the City of Bakersfield ("City") has conducted special assessment proceedings from time to time, resulting in the issuance and sale of improvement bonds pursuant to the provisions of the Improvement Bond Act of 1915 (California Streets and Highways Code Section 8500 and following, hereafter referred to as the "1915 Act"); and WHEREAS, Assessment District No. 05-1 (herein "AD 05-1") was created pursuant to the 1915 Act; and WHEREAS, pursuant to the 1915 Act, the City has duly and regularly issued and recorded the unpaid assessments in AD 05-01, which assessments and each installment thereof with interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid; and WHEREAS, certain assessments and installments have not been paid when due, and certain installments of those assessments may not be paid in the future; and WHEREAS, pursuant to the provisions of Section 8834 of the Streets and Highways Code of the State of California ("Streets and Highways Code"), the City Council of the City of Bakersfield ("City Council'), acting in its capacity as the legislative body of the AD 05-01 is authorized to order that a foreclosure action be brought to collect the delinquent assessments due against the properties within the Assessment District; and WHEREAS, the City has covenanted to bondholders to institute judicial foreclosure proceedings pursuant to the provisions of Section 8830, et seq. of the Streets and Highways Code; and WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such foreclosure action is ordered, the County Tax Collector is to be credited upon the assessment roll then in his or her hand with the amount charged against him or her on account of the assessments to be sued on and to be relieved of further duty in regard thereto; and JORI31t6AL WHEREAS, the City Council acting in its capacity as the legislative body of the AD 05-01 has determined that public convenience and necessity require prompt action at the City Council's discretion, to initiate foreclosure proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The above recitals are true and correct 2. The City hereby orders that the delinquent assessments listed on Exhibit "A" attached hereto and incorporated herein, and all future installments of those assessments which are not paid when due, be collected by action brought in the Superior Court of Kern County to foreclose the liens thereof. 3. The City Attorney is hereby authorized and directed to institute such actions in the name of the City to foreclose the liens of all such delinquent assessments. 4. The City's Finance Director, or his designee, in cooperation and in conjunction with the City Attorney is authorized and directed to transmit a certified copy of this resolution to the Auditor/Controller's Office of the County of Kern with a letter stating that: a. The City Council has ordered that the delinquent installments be collected by action brought in the Superior Court of Kern County to foreclose the liens thereof; b. Pursuant to Streets and Highways Code Section 8833, the Kern County Tax Collector is to be credited upon the assessment roll then in his or her hands with the amounts charged against him or her on account of the Assessments to be sued upon and is to be relieved of further duty in regard thereto; and c. All inquiries regarding payment of the delinquent assessments shall be forwarded to the City's Finance Director. o�`eAKF9s T � m U L ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 16 1019 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER S: COUNCILMEMBER Naxc ABSTAIN: COUNCIL MEMBER NDr'Q-- ABSENT: COUNCIL MEMBER Nb� 4AAjA1 v1Nna �4Ai� JU IIE DRIMAKIS CITY CLERK and Ex Officio Clerk of APPROVED AUG 14 1019 the Council of the City of Bakersfield 8y KAR N GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City A Corney By*SHUA H. RUDNICK Deputy City Attorney JHR/vI Attachment - Exhibit A SWOUNCIL\Rero,vs-2CWeVaaao.ncosi Judi aaIForecIdumffic. T ' m r - J O ORIGINAL EXHIBIT A City of Bakersfield CITY IN THE HILLS Delinquency Detail Report Late Charges Calculated Through: 07/31/2019 $1,278.06 o�`0AK�9d JORIGAAL Amount Penalt Fees Total Account ID Owner Account Subtotal: $583.58 $67.12 $0.00 $650.80 531 -IDI -06 -OD SELGRATH RONALD JOHN REVOCABLE TRUST Account Subtotal: $306.79 $35.28 $0.00 $342.07 531-121-07-00 GAETA MANUEL P&NAVA MARIA Account Subtotal: $387.59 $44.57 $0.00 $432.16 531-410-55-00 ALBRECQGILBERT& BASSET PATRICIA $1,278.06 o�`0AK�9d JORIGAAL